Hamilton v. Pease
Supreme Court of Connecticut
Trespass on the case, for the diversion of a stream of water; brought to the Superior Court in the county of Hartford, and tried to the jury.
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Trespass on the case, for the diversion of a stream of water; brought to the Superior Court in the county of Hartford, and tried to the jury. After a verdict for the plaintiff the defendant moved in arrest of judgment, on the ground that Reuben P. Gage, one of the jurors, while the case was on trial had a conversation with the plaintiff regarding the cause, and received from him a pamphlet entitled “ Sliakerism Unveiled,” which contained defamatory statements with regard to the character of the family of Shakers which, in the name of Omer Pease, Trustee, constituted the party defendant in the…
1Opinion of the CourtButler, C. J.
The finding of facts in this case discloses three elements of misconduct, either of which is a sufficient cause for setting aside the verdict within the principles settled or recognized in this court.
1. The first is the misconduct of the juror, Gage, in con versing “ concerning the case” with a person not of the jury.
In Bennett v. Howard, 3 Day, 219, a verdict was set aside because a juror had “ conversed freely about the case with a person not of the jury.” In disposing of the point, the court, after reciting the facts so found, say briefly but expressively: “ This was directly contrary to…
2Cases cited2 opinions
- Bennett v. HowardU.S. Circuit Court for the District of Connecticut · 1808
- State v. AndrewsSupreme Court of Connecticut · 1860
3Cited by8 opinions
- Brown v. CongdonSupreme Court of Connecticut · 1882
- Greco v. KeenanSupreme Court of Connecticut · 1932
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1874
- Wells v. RadvilleSupreme Court of Connecticut · 1931
- State v. JohnsonConnecticut Appellate Court · 2004
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